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Discussion Starter · #1 ·
Hi

Hopefully someone has some experience in this area.
I am a nz citizen moved recently to Australia, my partner and child are due to follow me out in a couple of months from the Uk.

We were planing to get a 461 visa when she arrived, only to find when booking their flights she could not get a visitor visa at all due to a breach on her bridging visa when we last lived in Australia

We were unaware she had 3 years before she could enter Australia again however 2 years have past.

2 months are left to their flight, the 461 application will be in shortly.
Im worried it wont come through in time and the flight will be wasted, but more importantly im worried they will restrict her till december the point of 3 years.

Part of me thinks its against human rights for them to turn our family visa down, but we are still very worried due to the past trouble and the restrictions .

Any advice would be much appreciated
 

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Hi sem,

Your situation is a bit complicated. Firstly, if your Partner had overstayed her visa and had not applied for a bridging visa she is subject to an exclusion period of 3 years. The bad news is that the exclusion period applies to visitor visas and to 461. So, applying for 461 is a waste of money and time.

The only way to overcome the exclusion period is to claim compellable and compassionate circumstances. Here is another problem. You have to be an 'eligible NZ citizen' to be able to claim comp&comp circumstances. Eligible NZ citizens are defined in the migration law as those who came to Australia before February 2001 or were settled in Australia before Feb 2001. If you are only a NZ citizen but not an 'eligible NZ citizen' the comp&comp grounds do not apply and the exclusion period cannot be waived.

If you are an eligible NZ citizen I suggest that your Partner apply for a visitor's visa and claim comp&comp as soon as possible or she can apply for an offshore Partner visa (the exclusion period does not apply to a Partner visa).

This is my basic understanding of the migration regulations and policy and I haven't researched your specific problem. I would be interested to hear if anybody has any other ideas.

Hope it helps,

Dorota
 

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Hi

Hopefully someone has some experience in this area.
I am a nz citizen moved recently to Australia, my partner and child are due to follow me out in a couple of months from the Uk.

We were planing to get a 461 visa when she arrived, only to find when booking their flights she could not get a visitor visa at all due to a breach on her bridging visa when we last lived in Australia

We were unaware she had 3 years before she could enter Australia again however 2 years have past.

2 months are left to their flight, the 461 application will be in shortly.
Im worried it wont come through in time and the flight will be wasted, but more importantly im worried they will restrict her till december the point of 3 years.

Part of me thinks its against human rights for them to turn our family visa down, but we are still very worried due to the past trouble and the restrictions .

Any advice would be much appreciated
Three years does seem to be a standard minimum exclusion ban depending on severity of immigration regulation breaches and I'd expect it would be readily applied to tourist visas.

I have read of claims on forums that the three years could be looked upon with some leniency re some partner/permanent immigration applications but no knowledge on certainty of that nor too sure whether a 461 application will be so treated for it is essentially a temporary visa.

You've now possibly complicated the issue by more or less showing the hand of being prepared to come in on a tourist visa only to apply for a different visa and that's not what tourist visas are for.

So from exclusion to tourist attempt to 461 may be reason to get less favourable treatment.

Client Service Charter show 461 processing times indicated as normally being 2-3 months but all visa processing can be affected by how well they are presented, whether in fact the evidence is there for approval and then staffing/workload issues so having a flight booked in two months could be cutting it fine even if the best happens.

There's cheap flights via Welcome to AirAsia.com, The World's Best Low-Cost Airline if cancellation is necessary, perhaps something to consider earlier than later if there is to be any possibility of salvaging cost.

Meanwhile, as to chances of getting a 461 with present situation, you might want to try contacting the immigration people at Australia House in London to see if that'll offer advice re the ban being waived.

I'd doubt you have any sort of a Human Rights abuse case, part of our rights also being to respect countries laws.

Edit I was typing whilst Dorota had meanwhile posted and my thoughts are confirmed, agree with what has been said.
 

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Discussion Starter · #4 ·
Thanks for that
Im not an eligible nz citizen.
She didnt overstay she worked and wasnt fully aware of the conditions(some bad advice from someone), but its the same result 3years wait.

I think we will try for the 461, if it doesn't come through maybe could get flights for them from aus to nz and still make use of the original flight.
Would getting married in nz help the situation?
 

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I think we will try for the 461, if it doesn't come through maybe could get flights for them from aus to nz and still make use of the original flight.
Would getting married in nz help the situation?
If you do not get a 461 in time, you'll still likely need an Australian visa of some kind before you are allowed an Australian bound flight.
Are you thinking that an Oz to NZ flight would avoid the need for that? and if so I'm not too sure how the transit would work and you may want to talk to the airline re a connection flight onto NZ and then see what the transit situation is re time and visa requirements and whether your partner will be eligible.

You'll also need to look at visa/flight into NZ situation for your partner as NZ require visitors to have an outward bound flight to a country for which they have acceptance for entry.

Getting married will still have your partner on a 461 for Australia but may help re entry into NZ [something you need to check with Immigration New Zealand ]though not necessarily the Oz transit situation.
 
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